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2025 DAILYLAW 29153 (MAD)

S.SAKUNTHALA v. THE INSPECTOR GENERAL OF REGISTRATION

WP/7700/2025 · 2025-03-07

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 7700 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-03-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 7700 of 2025 S.Sakunthala W/o.M.Saminathan, Valayampattu Village, Vaniyambadi Taluk, Tirupattur District ... Petitioner Vs 1. The Inspector General Of Registration No.100, Santhome High Road, Chennai-28 2.The District Registrar Tirupattur Tirupattur District 3.The Sub Registrar Vaniyambadi, Tirupattur District ... Respondents PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the Refusal Check slip No.RFL/Vaniyambadi/4/2025 dated 8.2.2025 issued by the respondent -3 1/4 https://www.mhc.tn.gov.in/judis WP No. 7700 of 2025 and to quash the same as illegal and incompetent and further direction to the respodent-3 to register the settlement deed dated 7.2.2025 on its representation by the petitioner. For Petitioner : Mr.P.A.Sudesh Kumar For Respondents : Mr.P.Harish Government Advocate ORDER This writ petition has been filed challenging the impugned Refusal Checkslip issued by the third respondent dated 08.02.2025 and for a consequential direction to the third respondent to register the settlement deed dated 07.02.2025 in favour of the petitioner by her husband. 2. Heard Mr.P.A.Sudesh Kumar for the petitioner and Mr.P.Harish learned Government Advocate for the respondents. 3. The impugned refusal checkslip has been issued by the third respondent mainly on the ground that the Will that was relied upon by the petitioner is an unregistered Will and no Probate or Letters of Administration has been obtained. 2/4 https://www.mhc.tn.gov.in/judis WP No. 7700 of 2025 4. The issue that is involved in this writ petition is squarely covered by the earlier order in W.P.No.3382 of 2025 dated 04.02.2025. This Court has held that the registration of the Will is an option and it is not a compulsorily registrable document. Therefore, the registering authority cannot insist for the registration of the Will as condition precedent to entertain a document. 5. In the light of the above discussion, the impugned refusal checkslip issued by the third respondent dated 08.02.2025 is hereby quashed. There shall be a direction the third respondent to register the settlement deed dated 07.02.2021, if it is otherwise in order. The writ petition is allowed in the above terms. No costs. 07-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No KST 3/4 https://www.mhc.tn.gov.in/judis WP No. 7700 of 2025 N.ANAND VENKATESH J. KST To 1. The Inspector General Of Registration No.100, Santhome High Road, Chennai-28 2.The District Registrar Tirupattur Tirupattur District 3.The Sub Registrar Vaniyambadi, Tirupattur District W.P.No.7700 of 2025 07.03.2025 4/4 https://www.mhc.tn.gov.in/judis